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A70686 The lawfulnes of the oath of supremacy, and power of the King in ecclesiastical affairs with Queen Elizabeth's admonition, declaring the sence and interpretation of it, confirmed by an act of Parliament, in the 5th year of her reign : together with a vindication of dissenters, proving, that their particular congregations are not inconsistent with the King's supremacy in ecclesiastical affairs : with some account of the nature, constitution, and power of the ecclesiastical courts / by P. Nye ... ; in the epistle to the reader is inserted King James's vindication and explication of the oath of allegiance.; Lawfulnes of the oath of supremacy and power of the King in ecclesiastical affairs Nye, Philip, 1596?-1672. 1683 (1683) Wing N1499; ESTC R22153 63,590 80

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to be exercised in Causes and over Persons Ecclesiastical or Spiritual the one placed in the Princes the other in the Churches of Christ 1. The difference betwixt these two Powers 2. The Necessity if the Civil Power in Ecclesiastial Matters notwithstanding Church-Power § 2. What is common to both and wherein each of these Powers differ from the other shall briefly be shewed 1. They are Powers both a Subordination or Policy in the Church as well as in the Common-weal and an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Jurisdiction exercised in each You read of Authority or Jurisdiction not only in Civil Assemblies as Rom. 13. John 19.11 but also in Churches 2 Cor. 10.8 and 13.10 the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in both places 2. They are both from God and the Ordinance of God and ought to be submitted to for Conscience sake and are for Encouragement to those that are Good and for Wrath upon him that doth Evil and he that resisteth this Power in either resists the Ordinance of God and they that resist receive to themselves Damnation as the Apostle speaks as well in respect to the one as the other And both being from God they are also both Powers under God that is under his Designment and Limits as also his Direction and Guidance for his Glory as the ultimate and the good of Mankind as the penultimate end of both 3. This Power of Princes is termed spiritual Ratione objecti because it hath to do with Spiritual Persons and Causes In such like a sense and manner of Speech if it had the stamp of vulgar Use the church-Church-Power may be termed Civil or Temporal because all sorts of Persons and Causes without Difference are under the Power of it That as the secular Power is Custos utriusque Tabulae matters of Holiness and what 's opposite to it Blasphemy Heresy Perjury c. as well as Righteousness so Church-Power is Custos utriusque Tabulae Righteousness and second-Table-Duties and what is opposite as Rebellion Sedition Lying Stealing if any Man that is called a Brother be a Fornicator or a Drunkard or an Extortioner c. In all these and such Cases the Church-Power is applied in an Ecclesiastical or Spiritual way as in a Civil and Secular way the Magistrate deals with what are Duties of the first Table The Powers do mutually further each other and so ordained by God from whom they are both originally as they sweetly comply and agree being kept in their just Bounds each with other as Moses and Aaron David and Nathan Zerubbabel the Son Shealtiel and Joshua the Son of Josedech Jungamus Gladios said the Emperor to his Bishop let us joyn our Forces and purge the Land of Wickedness And our Senators in Parliament speak thus of these Stat. 20. Hen 8. c. 12. Both Authorities and Jurisdictions joyn together and the one helps the other § 3. Their Differences are in these Particulars 1. Though both have in their respective way to do with both Tables yet the Civil Magistrates Work lyeth most over Persons with respect to the Duties of the second Table as in matters of Justice and Righteousness in the managing whereof the very being of a Common-wealth principally consists its wel-being only as he hath to do in Spiritual or Ecclesiastical Causes So the Church-Power is chiefly and principally exercised in the ordering of Persons with respect to the first-Table-Duties and which appertains to Piety Wherein is the Being and constant Employment of Churches The other that is matters of Righteousness Justice Sobriety and the like are occasionally only and in ordine ad spiritualia under Church-Power and Censures 2. The Power of Churches is not only spiritual Ratione objecti because it s over spiritual Persons and Causes but ex natura rei a spiritual Power having Spirituality and its Denomination from more intrinsick Considerations as the Matter Form Subject Rule End c. and not from the Object only as that other Power which though it be in spiritual things yet it is not properly spiritual Power the Sword which it bears is not the Sword of the Spirit Rev. 1.16 Ephes 6. which is the Word of God and this Word is eternal not temporal it endureth for ever the Power and Soveraignty of it is from Christ out of his Mouth went a sharp two-edged Sword his Sword and Power being spiritual it pierceth runs deep Heb. 4. even betwixt the Soul and the Spirit there comes no such Sword or Law from Civil Authority that Power in its greatest Efficacy reacheth not the Inner-Man though to be submitted unto for Conscience sake Indeed this Power is over spiritual Persons but not immediately and directly over their spiritual part By these Powers we are given up to a Prison to Banishment to Death but not to Satan It is not for cruciating the Souls and perplexing the Consciences of Men as is Church-Power where there is Cause 3. That of Secular Magistrates even in Spiritual Affairs and having to do primarily with the outward Man is more Authoritative it is Jurisdictio propriè dicta Legislative Coercive and in all respects the same as in Civil Matters what he doth in his own Name And truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Church-Power is not properly Jurisdiction or Authority as in the Church but as in Christ the Head of the Church as seated in the Church or Caetus fidelium it is only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ministerium not Deminium and acts all in the Name or Authority of Christ 4. They differ in Extension in respect to both Persons and Causes 1. Church-Power is limited to a particular Congregation as Family-Power to those of our own Houshold But this other Ecclesiastical Power seated in the same Person or Persons extends it self throughout a whole Kingdom yea sometimes to more than one But in some one Province or Kingdom you read in Scripture of many Churches This cometh to pass from another Difference between these Powers The Manage of Ecclesiastical Affairs as in Civil Magistrates may be delegated to other hands by way of Commission or Deputation they may ordain under them subordinate Thrones and inferior Powers acting in their Names which is Lordly and full of Honour and State But Churches may not do so by delegation of Power Representatives or any other Method or Way to stretch forth the Wing of their Authority like that of the Civil over all the Churches of a Nation or over more Congregations than one or a greater than ordinarily partake of all other Ordinances together is not at all suitable to a Church-Condition which is Ministerial not Lordly So Mr. Bradshaw as the Opinion of the Nonconformists We confine and bound all Ecclesiastical Power within the Limits only of one particular Congregation holding that the greatest Ecclesiastical Power ought not to stretch beyond the same And that it is an arrogating of Princely Supremacy for any Ecclesiastical Person or Persons whatsoever to take upon themselves Ecclesiastical Jurisdiction
or Censures may lawfully by a Church or any Ecclesiastical Assembly be threatned or drawn forth against a whole Nation and the chief Governors thereof to urge or compel especially in State concernment as the Pope and some others have done though it be truly in ordine ad spiritualia The fifth Instance or particular is this The 5. Instance A Family of all Corporations or Societies is the lowest species or kind it 's Consociatio simplex prima and hath the least of pomp or state in the Government of it Cottages are built low Palaces with many stories one above another Those great and extensive Bodies Empires and Kingdoms represent in their Government more adequatly the mystical Church in respect to Jesus Christ who is their King and Lawgiver whose Kingdom is with Power and Glory a Power that is truly Imperial and Princely having Officers under him his Kingdom reaching to the utmost ends of the Earth who in his name command reward and punish But Particular Churches as Governed by his Ministers have their porportion rather with the meanest and lowest Societies of men The Scripture seems to point at more than a similitude and likeness betwixt a Family and Church in the managing of affairs I mean in the general and what is it not determined by express Institution Paul speaking to Timothy about Church affairs mentioneth their expertness in Governing a Family as a good preparative or qualification for Church administrations And this is not only Negatively 1 Tim. 3.5 if a man know not how to rule his own house how shall he take care over the Church of God But affirmatively These things I writ that thou mayest know how thou oughtest to behave thy self in the house of God which is the Church of the living God The sence is full in those words vers 15. the Church of the living God yet it is added the house of God purposed as it were to carry the Eye back to what was written ver 5. which sheweth that there is a great affinity betwixt our Houses and the Houshold of God In a Fathers Governing his Children saith one there is a lively resemblance of such Duties of Government which he is to dispence towards the Church There is nothing enjoyned the Minister as a Father of Children which belongeth not to him as he is a spiritual Father of the Children of God On the other hand it may be observed this question being amongst the Apostles Matth. 18.1 who or which of us shall be the greatest in the Kingdom of Heaven upon supposition the Church being termed a Kingdom there would be places of State and higher dignity in it as are in the Kingdoms of the World Christ Answers There shall be no such thing no primacy in one Apostle over another no the greatest of you shall be the least and the first shall be the last Though a Jurisdiction and power truly Imperial absolute and equal to any of the Kings of the Gentiles belongs to me and I exercise it in those spiritual administrations yet no such dignity may be assumed by you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luke 22.25 1. When the Scripture speaks of a particular Church under the notion of a Family or Houshold Government or Ruling is mentioned as that wherein the similitude or proportion is most perspicuous and clear as hath been shewed But speaking here of a Church under this expression a Kingdom how purposely are we cautioned against an imitation in Rule and Authority 2. We may further observe that Ambition after greatness in those that manage these great things Hos 8.12 1 Pet. 1.4 is an infirmity almost unavoidable For if 1. Such persons the holiest men on the earth they who had forsaken all to follow Christ 2. And these so often relapse into this folly after they had been reduced from it by Christ 3. And at such times immediatly after Christ had minded them of his Death Matth. 20.19 20. Luke 22.21 24. 19. with 24. and that one of them should betray him when also they had newly been at the Communion with him What great cause is there that every man be very jealous of his own heart 3. It is not unevident also from the Disciples often Disputes about their greatness that most of our controversies and contentions about Church-Government if traced home will be found to arise from hence namely The having our Eye fixed so much upon the lofty state of a Kingdom as our pattern in such managements rather than that familiar and humble way of a Family For indeed this was the only breach and contest that we read of amongst those holy Men the Disciples of Christ 4. And where such differences are a Reconcilement will be found more difficult because where the mind is bent on worldly greatness we are very dull and slow in understanding whatsoever shall be spoken though from Christ himself that seems to cross those thoughts as appears also in that story Mark 9.32 A Parent or Master would not easily have been tempted into such an Error or make this question who or which of us shall be the greatest that is have a paternal power over other Parents and their Families c. And had the Disciples looked upon Ministerial power under so low and humble a notion as what is Economical James and John would never have thought it congruous that they should have an Apostolical power over the other Apostles Hoc Papatum fefellit c. saith Cartw. This deceived the Papacy which governs throughout after the form of worldly * Plurimorum consensu Ecclesia à repub formam illam magna parte mutuata est Eilesac Empires The Pope he is as the Emperor himself the Cardinals as his Deligates or Representative the Arch-Bishops as the Governors of Provinces c. Hence John calls the Church of Rome the Image of the Beast the Vizard of the Roman Empire For further confirmation of this fifth particular or Instance let it be considered how seldom and sparingly a particular Church in the N. T. is termed a Kingdom Although 1. It s Government be derived as a Branch of Christs Kingly Office 2. Church Ordinances are the most effectual means by which he exerciseth his spiritual Soveraignty in each mans soul 3. His Mystical Kingdom on earth thus by parcels comes to be wholly under an external spiritual regiment and 4. His Church when National was managed in the Glory and State of a Kingdom Yet notwithstanding all these leading occasions how sparingly and not without special Caution is a particular Church thus termed Whereas not only the Society but the Government Officers Ordinances Censures and other Church matters are universally and frequently delivered unto us by Christ and his Apostles in terms apt to mind us of this low and humble policy To give some Instances thereof 1. A particular Church or the Society it self is represented unto us as the House of the living God 1 Tim. 3. His
Church offending there is none if there be not a superior Church or Ecclesiastical Power to appeal unto Leaving wholly what they pretend from Scriptures I shall examine this only their Reasoning from common light it being more suitable to our present subject and in the general say Answ 1 1. In the Mysteries of the Gospel from which by their own concessions Church-communion and Discipline is not to be excluded any more than Preaching or the Sacraments It is very unsafe to make the dim Eye of Reason our Guide Of what advantage such suppositions have been in producing Arminianism Socinianism Platonism c. but especially of the many gross Errors and loathsom Superstitions in Popish Worship we cannot be ignorant Answ 2 2. An Appeal as understood in this dispute and ordinarily by Civilians is a provocation to a superior Tribunal upon the error or wrong done by an Inferior Such an Appeal is not essential to Government unless we can suppose a progressus in infinitum Nor is there a defect in that Government where it cannot be had Some Societies are 1. So low and little in compass as they need not such Appeals A Family is a compleat Society or Corporation though there be not a Superior in the same kind that is an Economical power to appeal unto so may a Church be though not a Superior in a series properly Spiritual or Ecclesiastical 2. Others so High If there be an Error or Wrong done in or by a general Assembly or National Synod supposed in the exercise of power of greatest perfection we have no remedy Argued by the Commissioners of Scotland Anno 41. p. 1 2 9. Also their Declaration against a Cross Petition P. 10. no Superior to appeal unto therefore they term their Church or General Assembly an Independent If it be said as it is by some we may appeal from it to an Oecumenical Councel Answ These great Councels have erred and may and what then is the Remedy or further Provision To what Ecclesiastical Tribunal Superior can we appeal from them Answ 3 To answer more particularly This Reasoning being grounded upon a Similitude betwixt the Ministerial Government of Christ and the Political Government of Kingdoms we say there is not Par ratio and therefore no just consequence The Disparity will appear in divers Particulars Disparity I In their Natures as Civil and Religious Assemblies In this the Difference is so great as Councels Schoolmen and Casuists who all grant Appeals in Civil Affairs yet in Ecclesiastical Matters the ordinary use of them is so constantly and generally denied Videtur axioma communiter acceptum inter probos Religiosos Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. as it is an Axiom saith One That in Religious Causes the Voice of Appealing is not to be heard or mentioned And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us That in a voluntary and brotherly Society Soto de Just lib. 54.6 art it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be confidered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15 16 17. where each step and circumstance in the progress from a lesser to a greater Authority is described Disparity II From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all Disparity III The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not